With the second impeachment trial of former President Donald Trump looming, it can’t be said enough: This entire farce is an unconstitutional act, which has the sole purpose of silencing a political opponent and the more than 74 million who actively supported him in the last election.
Most people won’t recognize the dangerous precedent this sets. Nothing could stop a future Congress in the hands of a permanent Democratic majority from setting up political kangaroo courts for their political enemies. Nothing.
The goal of course is to come to a pre-ordained judicial conclusion, similar to the Soviet show trials of the 1930s. Then the Democrats will demand what prophetic George Orwell called, in his classic dystopian novel “1984,” “two minutes hate.” That’s when citizens of the totalitarian police state Oceania were expected to direct their rage at the government’s enemy.
For that reason, it’s important to repeat what we’ve stated before: America is a constitutional republic. That means the Constitution that has successfully guided our country for 234 years defines both our rights and the limits of our own government.
The latter is important, since the revolution that gave birth to our country was all about limiting government’s power over individual lives. The world “liberty” is the linchpin of both the Declaration of Independence, which promises “life, liberty and the pursuit of happiness,” and the Constitution’s Fifth Amendment, which promises to protect “life, liberty, or property” and strictly limits government’s power over citizens.
Yet, today Congress uses the overwhelming power of the federal government to silence now-private citizen Donald Trump. The fake impeachment isn’t about justice, but about violating a citizen’s right to liberty and free speech.
When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Let’s parse these words for their plain meaning.
To begin with, it says, “the Chief Justice shall preside.” Yet, Chief Justice Roberts has made clear he wants nothing to do with this impeachment, which should be a worrying signal to those behind impeachment, clearly indicating that they’re operating outside of constitutional bounds. In Roberts’ stead, the Senate has chosen inveterate Trump-hater Sen. Patrick Leahy to “preside” over the trial.
The Constitution also says “When the President of the United States is tried …” It makes no provision whatsoever for trying a non-office-holding former president. Trump is not president, but former president or, as Monty Python might put it, a “president past-tense.”
That’s why Trump is wise not to show up. Don’t dignify any illegitimate, unconstitutional process.
As for “high crimes and misdemeanors,” the basic elements of an impeachment charge against any president, this too is a legal joke.
Trump did nothing even approaching a “high crime” or a “misdemeanor.” The impeachment provision does allow a former president to be charged and tried in a court of law after his time in office for any crimes. If so, that’s the place for any legal action against Trump today.
Yet, as constitutional law scholar Jonathan Turley, a self-described liberal, notes about the lone impeachment charge against Trump of “incitement”: “What’s strange is that there’s no word of an interview, let alone a charge, on a purportedly clear crime committed more than a month ago.”
Turley then explains why: “Trump did not call for the use of force but actually told people to protest ‘peacefully’ and to ‘cheer on’ their allies in Congress. He later — and too belatedly — repeated that after violence erupted, telling his supporters to respect and obey the Capitol Police.”
Two important facts stand out: One, the Capitol breach had already begun before Trump started speaking on Jan. 6. So it would be literally impossible for him to have “incited” anything.
Two, evidence from FBI and other investigations show that the assault on the Capitol was pre-planned. Trump couldn’t have “incited” anything.
In short, there was no crime committed, unless you count the violation of Trump’s right to free speech under the Constitution by the so-called progressive wing of the Democratic Party. That makes Senate Democratic Leader Chuck Schumer and House Speaker Nancy Pelosi, with their loathing of the Constitution, the two biggest threats to your rights right now.
The Democrats know this. It’s purely political. They’re terrified of Trump’s devoted political following, and want to “other” him. Make him persona non grata. Remove any possible influence he might have, and kill any chance he might run again.
A new Gallup Poll shows that 52% of Americans support Trump’s conviction by the Senate. If there’s a greater indictment of the woeful state of Americans’ knowledge of the Constitution and the rights it protects, we don’t know what it is.
— Written by the I&I Editorial Board